Legal Question in Real Estate Law in California
HOA Issue
My HOA wants me to appear before them for violation of a Rule/Regulation. They claim that I have painted my shutters the incorrect color. I have been a resident in the home for over 2 years and have never painted the house. I receive two letters in this regard and each time I called the Addressor of the letter they informed me that they will get back to me. If this has to go to court, will the judge rule in my favour or am I responsible for recitifying issues cause by previous owners or issues potentially caused by the builder if the previous owners did not paint the shutters and they original paint?
4 Answers from Attorneys
Re: HOA Issue
I suggest going to the HOA Board meeting and presenting your case. Let them know that you purchased it this way and that you did not make any changes.
It is likely that the HOA rules have requirements for the painting of the shutters and it is also very likely that you will need to repaint them to be in compliance. A review of the HOA rules and regulations would be necessary for a better answer.
Be happy to help out, feel free to email me at the address provided by LawGuru or through our firm's site PasadenaEstatePlanning.com.
Re: HOA Issue
I would be pleased to write your HOA on my letterhead and tell them to go pound sand; for my nominal $100 fee, PayPal accepted. If you accept this offer, please be sure and fax or scan and email me the correspondence.
Re: HOA Issue
If you write them a letter now, it may save you trouble down the road. Let me know if you want me to write it for a small fee.
Best,
Daniel Bakondi, Esq.
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Re: HOA Issue
Yeah, but ask whether the letter writers will assure you your position is correct and you'll prevail. I'm not an HOA rules expert, but my limited experience suggests that this rule in enforceable and can be enforced against subsequent owners for the mistakes of their precursors. Why fight it? By the time the litigation is over, you'll have spent thousands and it'll be time to repaint anyway.